Font Size: a A A

An Analysis Of The Subject Qualification And Procedure Construction Of Procuratorial Organs In Environmental Public Interest Litigation In China

Posted on:2017-04-16Degree:MasterType:Thesis
Country:ChinaCandidate:H ChenFull Text:PDF
GTID:2206330503484550Subject:Law
Abstract/Summary:PDF Full Text Request
Currently the development bottleneck of China’s environmental public interest litigation is that Plaintiff Qualification,therefore, the most important issue of environmental public interest litigation to be resolved is the scope of the qualification issue. But the scope of "the law authorities," in 2012 to modify the "Civil Law" stipulated in the relevant judicial interpretation and the "Environmental Protection Law" is not to be clearly defined, only the provisions of the conditions of social organization. In recent years, the main eligibility prosecution has been discussed as a hot spot in the academic and Practice of the dominant position of the prosecution has been enriched over the prosecution’s participation in environmental public interest litigation cases. The author believes that the prosecution of environmental public interest litigation in the qualification and research issue related to the program in favor of legislation to compensate for this flaw, will be beneficial to improve our environmental public interest litigation system, besides 13 provinces and cities all over the country have been gradually pilot.The main problem addressed by this article is that environmental public interest litigation subject qualification argument the prosecution, while building the prosecution as procedural issues related to the subject’s participation in environmental public interest litigation. The main content includes the following four parts:The first part: simply define the environmental public interest litigation, to understand the concept and features of environmental public interest litigation, at the same time, introduce environmental public interest litigation plaintiff qualification meaning.The second part: analysis of citizens, social groups and environmental protection administration departments of environmental public interest litigation there are defects, the prosecution obtained the necessity of the participation of environmental public interest litigation; analysis of the prosecution in theory, practice and legal body having the possibility of qualifications.The third part: Investigation by foreign rules and practices regarding the prosecution has the qualification of environmental public interest litigation, draw on China’s procuratorial organs given to the qualification of enlightenment and reference.The forth part: The prosecution in the environment as a subject of public interest litigation process proposals related procedural issues, establish the basic principles and improve the qualification of the relevant legislation, norms related to procedural issues involved in the prosecution of environmental public interest litigation, such as jurisdiction, pre-litigation procedure bear the burden of proof and litigation costs and other issues.
Keywords/Search Tags:Environmental public interest litigation, Procuratorial organs, Procedural framework
PDF Full Text Request
Related items